The Arts Law Centre of Australia, the Indigenous Art Code and Copyright Agency | Viscopy today welcomed the proposed introduction of legislation to end the practice of the production and sale of art products and merchandise which misappropriates Aboriginal and Torres Strait Islander Culture.

The Private Members Bill from the Member for Kennedy, Mr Katter MP, highlights an issue which has been of concern to the Indigenous community and artists for some time. It proposes that the Parliament act to help prevent the exploitation of Indigenous culture and the deception of consumers about the authenticity of arts and craft goods they are buying.

This issue has been central to the ‘Fake Arts Harms Culture’ campaign which has helped raise awareness of how widespread the practice of creating commercial works in an ‘Aboriginal style’ but with no connection to the Indigenous community has become.

This practice, which is largely aimed at tourists, deprives Indigenous communities and artists of control of their cultural heritage as well as fair payment for their work. It also disadvantages consumers who believe they are buying genuine works and those ethical suppliers who make the commitment of only stocking authentic Indigenous art products and merchandise.Banduk Marika, Yolngu Artist “the ecosystem, the environment we live in is full of natural resources. Our art is our resource, it belongs to us we use it in a ceremonial context; it is a resource for our survival. If control of that resource is taken away from us, we cannot meet our cultural obligations; we cannot use it for our families benefit. Exploiting our resource needs to be negotiated on our terms, we need to have control of how that’s done”

Robyn Ayres, CEO of the Arts Law Centre of Australia “we support the option of introducing legislation to deal with this matter. It considers it practical and appropriate to extend consumer protection laws and draws on the existing expertise and regulatory powers of the ACCC”

Gabrielle Sullivan, CEO of the Indigenous Art Code said that “This is an opportunity to ensure that Indigenous communities and artists maintain control of goods that bear their art, their culture, what belongs to them; that consumers are not misled; and that ethical businesses are recognised”artslaw.com.au

Discussion Paper Consideration of a proposed Private Members Bill by the Member for Kennedy, the Hon Bob Katter MP, concerning ways to prevent the unfair exploitation and misuse of indigenous cultural heritage, traditional knowledge and expression through legislative amendment to the Competition and Consumer Act. http://www.artslaw.com.au/images/uploads/Fake_Art_discussion_paper_response_to_R_Katter_Private_Members_Bill_Final.pdfBackground In 2016, following representations by Indigenous community members and artists, key peak bodies, the Arts Law Centre of Australia, Indigenous Art Code and Copyright Agency l Viscopy began to explore how to best respond to concerns about the growing presence of inauthentic ‘Aboriginal style’ art and craft products and merchandise for sale across Australia.

In response to the concerns, the ‘Fake Art Harms Culture’ campaign was created to address the widespread sale of works that have the ‘look and feel’ of being Indigenous but actually have no connection to Aboriginal and Torres Strait Islander communities. These are commercially produced goods, generally aimed at the tourist market; often made from non-traditional materials; and featuring inauthentic and culturally inappropriate designs. They range from bamboo didgeridoos, to decorative plates and key rings.

A mystery shopping exercise in tourist locations in various capital cities found very large numbers of such items and estimates suggest this is a multi-million dollar market.

The campaign to prevent this proliferation of fake art products and merchandise has received widespread support. It has included presentations at numerous Indigenous Arts events, campaign letters to MPs signed by Indigenous artists and individuals, national media coverage and the backing of many dealers. In addition, a change.org petition was initiated by an individual and has drawn over 13,000 signatures.

We estimate that up to 80% of items being sold as legitimate Indigenous artworks in tourist shops around Australia are actually inauthentic. This is incredibly damaging both to Aboriginal and Torres Strait Islander culture in this country and also because it decimates an income stream for practicing artists. In addition this abundance of fake art also hurts the consumer. It is easier to buy a fake artwork than a real one so both the culture, artist and consumer are being cheated in the current environment.

Along with fellow campaigners the Code and the Copyright Agency http://copyright.com.au/we are hoping that appropriate laws will be in place before the 2018 Commonwealth Games being held in the Gold Coast. The Commonwealth Games will see an increase in tourists from Australia and overseas who will want to engage with the Indigenous culture of Queensland. We hope that when people are buy souvenirs to take back home and remember their time in that place they will be enjoying an real Indigenous artwork, not a fake.

The Fake Art Harms Culture campaign is trying to highlight the difference between artwork and merchandise which is actually made or licensed by an Aboriginal or Torres Strait Islander artist as opposed to work which in not authentic and has no connection to Aboriginal and Torres Strait Islander culture.

Just because something is made in Australia doesn’t necessarily mean the artist has received the benefit. Many Aboriginal and Torres Strait Islander artists and businesses have products manufactured overseas in order to be competitive, this is fine as long as the artist has made the arrangement and there is economic benefit to the artist.9th February 2017A great example of merchandise which has been designed with Aboriginal artists and produced overseas is the product developed in partnership with Warlukurlangu Artists’. https://warlu.com/shop/other-products/